Title IX

July 30, 2010

For me, Wednesday was an "electric" day this week. Not only did my house finally get power back after a 4-day blackout following severe storms here in the D.C. area, but also (and far more importantly) Representative Jared Polis (D-CO) introduced the Pregnant and Parenting Students Access to Education Act, which has the potential to spark real change in the educational outcomes for pregnant and parenting students!

The bill (H.R. 5894) is designed to address the educational and related needs of pregnant and parenting teens, to improve their high school graduation rates and their access to postsecondary education and career opportunities. The legislation sets up a grant program to provide states and local school districts with a framework and needed funds so they can offer academic support and related services to pregnant and parenting students, designate a coordinator to oversee the education of pregnant and parenting students, and revise school policies that create barriers to the success of these students, some of which discriminate based on pregnancy in violation of Title IX. It aims to change the culture at schools, so that pregnant and parenting students are no longer stigmatized and instead are encouraged to reach their educational goals—which will benefit not only them but also their children, their communities, and our nation as a whole.

June 29, 2010

On Sunday, the New York Times ran an article about cyberbullying and the difficulties schools are having in assisting the victims and punishing and deterring the offenders. It’s a complicated issue. No one could underestimate the pain and humiliation endured by a young student tormented by harassing text messages, cruel Facebook posts or nasty emails; such harassment has the additionally painful element of inescapability, unlike traditional schoolyard bullying—the tormenters can reach you at literally any time of day, in any place, including at home, at church, at soccer practice, or at any other place you consider a sanctuary. At the same time, the school officials have expressed concern that the “off campus” nature of cyberbullying makes it difficult to regulate, as the case the Times explored, J.C. ex rel. R.C. v. Beverly Hills Unified School Dist., exemplifies.

Yet there are legal tools for addressing cyberbullying. For example, if it is reasonably foreseeable that “off campus” speech will make its way to campus, the speaker does nothing to stop the migration, and there’s a nexus between the speech and the school, it’s not “off campus” anymore. And if it causes substantial disruption in school, or the risk thereof, it can be regulated, and may violate Title IX. Had the harassment LaShonda Davis suffered come in the form of text messages sent from the desk next to her instead of whispers, or from a YouTube video students watched crowded around a screen in the computer lab instead of shouted across the playground, it seems likely the Supreme Court would have reached the same conclusion it did in Davis.

June 24, 2010

Title IX applies to all types of educational programs and activities and requires all schools that receive federal funding to provide equal opportunities to male and female students, including an often-overlooked aspect of education: girls' participation in math and science.

Female students’ participation rates in upper-level STEM (science, technology, engineering, and mathematics) fields are nowhere near on par with their male counterparts. For example, according to a recent report by AAUW, in 2006, women engineering students received only 19.5 percent of bachelor’s degrees and 20.2 percent of doctorate degrees. Similarly, women are drastically outnumbered in nearly every science/technical field with the exception of the biological sciences.

But yesterday we learned more about the Department of Education's Office for Civil Rights' plans to make progress in these fields. In the coming months, OCR will initiate five additional compliance reviews including one that will review STEM programs at the secondary level. That’s certainly a good start. But we still have a long way to go. And with a serious focus on this issue, who knows where the innovative minds of our nation’s women will take us.

June 23, 2010

I have spent a good chunk of time this week talking about a Title IX trial against Quinnipiac University in Connecticut. The issue is that the school cut its women’s volleyball team to save money and claims that it can nevertheless satisfy Title IX by elevating its cheerleading squad to a varsity sport. There’s also that pesky little issue about the school admittedly manipulating its athletic rosters to under report the number of men and inflate the number of women actually playing. At bottom, however, the Quinnipiac case is about whether a school is providing its female students with truly equal athletic opportunities or is simply cost cutting on the backs of women.

Today is the 38th anniversary of Title IX, the landmark civil rights law passed in 1972 that has literally revolutionized our world. Because of Title IX, I am sitting where I am, writing what I am. Women are now allowed to go to college and graduate schools, they are allowed to run the full length of a basketball court, they can go to the moon, and much more. Yet, despite the many doors that this remarkable law has opened, we are still having many of the same conversations that we did almost 40 years ago, especially in the realm of athletics.

Admittedly, I'm not the most patient person, and I feel like the child in the back of the car who keeps asking "Are we there yet?" Sadly, the answer is "no," which is why we must keep fighting until we are.

Today is the 38th anniversary of the passage of Title IX, the federal civil rights law that bans sex discrimination in education. Unfortunately, far too many schools, administrators, teachers, counselors, students, and parents still are not aware of what Title IX encompasses and what they can do to help ensure that all students get equal educational opportunities, regardless of their sex.

That’s why we are so excited to announce the release of our new guide, It’s Your Education: How Title IX Protections Can Help You. This easy-to-use tool provides information for students at all levels of education about their rights under Title IX, to ensure that male and female students receive the education they deserve. It’s Your Education lays out the key protections under Title IX—such as protection against sexual harassment in schools, equal treatment for pregnant and parenting students, and equal (non-stereotypical) encouragement in all fields of study—and gives tips on what students can do if they suspect that they are experiencing discrimination in school.

Please share this information far and wide, with the students, parents, and teachers you know, because what they don’t know CAN hurt them!

Today marks the 38th anniversary of Title IX of the Education Amendments of 1972. Title IX is a federal law prohibiting sex discrimination in all federally funded educational programs. It has opened up many more opportunities for girls and women in education since its passage, and high school athletics is one such area where this landmark legislation has made a tremendous difference in girls’ lives (and in my life).

I started playing tennis at the age of 5, and it was a huge part of my life growing up. So when I entered high school, it never even occurred to me that the opportunity to participate on my high school tennis team would likely not have existed in 1971. Research has shown the many benefits of competitive athletics for girls, especially for minority female athletes, and playing tennis on my high school’s varsity team definitely had a positive impact on my academic and social experiences in high school. It helped me learn how to perform under pressure, how to work effectively as a team, and maybe most importantly, it developed my self-confidence and ability to persevere in difficult situations.

Before Title IX’s passage, fewer than 300,000 high school girls played competitive sports. And now, over 3 million do. We clearly have come a long way, but Title IX’s goal of equal opportunity in athletics remains far from realized. Too many women and girls are still not being treated fairly by their schools when it comes to sports. We must continue to work to increase female athletic opportunities in high school, college, and beyond. In its 38 years in existence, Title IX has helped us make great strides, but as we look back on our accomplishments, we must also remember to continue advocating for the right that all girls and women have to equal educational opportunities.

June 14, 2010

The College Sports Council (CSC) released a study last week claiming that Title IX has hurt men’s soccer. Sadly, the study is just another version of the same old attacks that the CSC and similar groups have launched against Title IX in the courts and in the media for many years—attacks that have been unanimously rejected.

In their latest study, the CSC compares the participation numbers and scholarship limits for males and females in Division I and erroneously claims that the somewhat smaller number of men playing soccer in Division I is the result of a "gender quota." If you’re confused, you’re not alone. There are many pieces of the puzzle that the CSC study conveniently omits.

May 28, 2010

The New York Times' recently featured an article about the rise of flag football as a varsity sport among girls in Florida. I was quoted in the article as questioning whether the sport provides girls with equal educational opportunities when compared to boys' sports. Unfortunately, some have characterized such comments as unsupportive of girls who are playing the sport. While I understand the appeal of such a critique (after all, controversy sells), nothing could be farther from the truth, or the point. Flag football is an exciting sport (I was an avid football fan in high school so I understand the appeal), and I think girls should be able to play whatever they want.

My questions are directed towards the educational institutions who decide what sports to offer -- namely, the Florida High School Athletic Association (FHSAA) and its member schools. The real focus should be on whether their decisions provide equal educational opportunities to male and female students, as required by Title IX of the Education Amendments of 1972. (While athletic associations may claim that they are not subject to the civil rights laws, several courts have held otherwise and noted that these associations, not their individual member schools, have the power to set up state championships, decide the seasons for sports, and much more.)

May 21, 2010

Yesterday Senator Franken introduced the Student Non-Discrimination Act (SNDA), a bill that bans discrimination in public schools based on one’s actual or perceived sexual orientation or gender identity. The bill is modeled after Title IX and other federal laws that prohibit discrimination by recipients of federal funds. If enacted, the bill would provide protection against discrimination in schools, including a range of effective remedies to enforce that protection.

This is good news for students around the country. As recent attention to the serious nature of harassment of children and youth in schools makes clear, this protection against LGBT discrimination in schools will be meaningful. A recent study out of Nationwide Children’s Hospital found that LGBT youth are bullied at two to three times the rate of their peers. The problem is not limited to LGBT youth, but extends to heterosexual youth who are taunted for being "gay" or for perceived inadequacies in their gender performance.

It's worth noting that Title IX also provides protection against gender-based harassment and the punishing use of stereotypes in school; in a recent case, Theno v. Tonganoxie Unified School Dist No. 464, a male student who was subject to taunting, name-calling and sexual jokes and gestures regarding his perceived lack of masculinity and a vicious rumor that he had masturbated in a school bathroom while the school district looked on indifferently was allowed to recover under Title IX. SNDA would help other students victimized like Dylan Theno. There are real consequences for victims of such harassment—their quality of education is severely depleted; their risk of poor attendance and performance is increased, as is the likelihood of depression and self-harm.

Senator Franken has secured 22 co-sponsors for the bill and we have high hopes for the success of SNDA.

May 03, 2010

RH Reality Check discussed a case in Poland in which a pregnant woman died after a doctor refused to perform a full endoscopy on her, stating, "my conscience does not allow me to do this."

A post at Equality Myth discussed the differences in how men and women are often described by the news media.

Title IX Blog discussed a case against Montana State University filed by former basketball coach Robin Potera-Haskins, who alleges that she was fired for complaining about inequalities for women’s athletics at the university.

Salon’s Broadsheet discussed a new collection of essays, Click: When We Knew We Were Feminists, in which 30 young people came to identify themselves as feminists.

Amanda Marcotte posted at the XX Factor in response to Elaine Tyler May’s New York Times op-ed on the history of the birth control pill, as the pill approaches its 50th anniversary this month.